37 CFR 42.201: Who may petition for a post-grant review

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

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42.201    Who may petition for a post-grant review.

A person who is not the owner of a patent may file with the Office a petition to institute a post-grant review of the patent unless:

  • (a) Before the date on which the petition for review is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent; or
  • (b) The petitioner, the petitioner’s real party-in-interest, or a privy of the petitioner is estopped from challenging the claims on the grounds identified in the petition.
[Added, 77 FR 48680, Aug. 14, 2012, effective Sept. 16, 2012]
[See §§ 42.200 - 42.224 Applicability Note ]